fatbrit

Hold out for the L1.

Folinskyinla

Hi:

I understand you may not have read about it. But I've seen it done from time to time. There are situations where BOTH might be available and the "E" is the preferable route.

See http://www.state.gov/documents/organization/87220.pdf

Note 15 is of particular interest.

See http://www.state.gov/documents/organization/87229.pdf

Note 5 is of particular interest.

In particular circumstances, an "E" may be more appropriate, or even easier to get than an "L". It is a "case by case" determination and not a blanket rule.

Also, although there is no "blanket" process in the statute -- many consulates maintain a list of approved companies for "E" status so that any individual employee need not heavily document the company itself, just themselves.

Second also, it may seem strange, there are certain companies and cultures where the "E" is the more "prestigious" visas than the "L".

Again, it is case by case.

FWIW -- in many Asian consulates, the perception of L-1A to green card has at times caused deeper examination of L-1a visa applications even with the approved visa petition! In the meanwhile, the consulate would have no problem with the validity of the operating business in the US [London is NOT that way at present]. At those times, it was worth it to pursue the "E" rather than going into a category that, by definition, was a path to a green card. Again, this is a species of case-by-case.

Folinskyinla

Hi:

Whatever. As I mentioned to Ray, it is case by case. Also, an "E" employee of a large international company can be a very different kettle of fish from the individual investor/trader.

Under the particular set of facts described by the OP, the "E" may very well be the easier and more efficient way to go.

ian-mstm

Wife: All right! Don't practice your alliteration on me!

Ian

Chrissywissy100

Thanks for all your advice.

I think the discussion as made up our minds that we will hold out for the L visa, especially since this is what was originally promised (in writing!), along with sponsorship to GC.

As a slight side issue, on arrival into the US are we likely to experience delays / difficulties getting through immigration, or is it similar to being on a visitor visa?

Ray

I just can't figure out how you come to that conclusion
easier for who ...

Socal Local

When we arrived the first time on L visas the immigration officer had a couple of extra questions about the jobs we were going to do, which he asked whilst filling out the back of the I-94 but it didn't really take any longer than when arriving on the VWP.

Folinskyinla

Hi:

The company, the employee and his family. The only disadvantage I perceive is that an E-2 dependent cannot get an EAD. However, the facts suggest that an adjustment can be filed shortly after entry with the concomitant EAD. BTW, the Hosseinpour case from 1974 involved a student on an F-1 visa who got married and filed for adjustment. The F-1 visa has an express "home abroad" requirement and the BIA held that filing for immigrant status was not a violation of non-immigrant status.

Again, there seems to be an unreasoning GENERAL prejudice against the E-2 visa. True, it may not be best for many, if not most people -- but in the situation noted by OP, it may very well be the BEST way to go.

Folinskyinla

Hi:

I may be a lawyer, but I'm not your lawyer. But let me approach this as I might if you walked in to see me for a consultation.

The most important promise would be that they will go for the green card. You don't say any time frame for this. But if it is in fairly short order, that is good.

Now, on the non-immigrant end of things -- there IS an overlap between the "E" and "L" visa. It sounds like your husband qualifies for either one. You really need not care about the letter as long it gets him over here and working in short order. And there are companies that are pre-registered and can get "E" for its managerial personnel in short order.

Don't be taken in by "coventional wisdom." It is not always right. I have not seen any reason to hold out for that "L" as long as that promise of sponsoring for green card is in place.

The choice is yours -- I hope it is an INFORMED and intelligent choice.

Good luck.

Ray

Both Fatbrit and I have been involved in E-2 forums for the past 4/5 years and seen the misery it brings but of course mainly to investors types I will say... the employee type rarely came up ...

But the employee version is still seen as a short term visa ... often used to just train US staff ... and dependants staff CAN get an EAD ... on the investment E-2... The children cannot of course ...

Folinskyinla

Hi:

Good, you are seeing the differences. You are right that an E-2 can be used for an employee coming over to give training and that is short term. However, when it comes to manager and executives, that is NOT short term. [I've seen some managers and executive over here for 15 years or more].

Also, many of the personal investors ARE in trouble if the business tanks. Then one might very well be up the creek without a paddle.

That said -- there are certain "E" categories that are gold plated and nearly bullet proof. The large international companies do not have to re-invent the wheel everytime they sent an "E" executive or manager here. For example, I doubt that London gives much in the way of scrutiny to, say "British Petroleum" or one of "Virgin" enterprises.

[BTW, the section of the FAM on nationality of publicly traded corporations is the result of some work I did as a young associate with a firm many years ago.]

jon06

The E2 is certainly no easy route (having taken it).

I would not recommend the E2 to anyone who is seeking to set up a new 'permanent' life in the US or to anyone with children. You will live under the 'cloud' of renewal every 2/5 years and it cannot practically lead to LPR whatever anyone leads us to believe.

Ray

Of course that should say an E-2 spouse can get an EAD

Folinskyinla

Hi:

ANY of the non-immigrant categories have that problem. In the case of a British E, just take a trip home or some other country [say Canada] and bingo, new I-94 on re-entry! Also, as I have mentioned, every case is different. I get the feeling that OP's husband works for a company for which is so gold plated that an "E" is a slam dunk.

fatbrit

But an L really isn't a non-immigrant visa, is it? It's a "dual intent" one.